Legal Prosecution Research Articles

Show and slow codes: A historical analysis of clinicians' adaptations to ethical overreach.

After briefly reviewing the historical development and ethical regulation of resuscitative technologies, this study probes why clinicians engage in the morally problematic practice of show and slow coding and why hospitals tolerate it? Studies conducted in 1995 and 2020 indicate that conscientious clinicians engage in these practices to protect their patients from abusive or futile resuscitation. And hospitals' clinical cultures tolerate these practices to protect conscientious clinicians from censure, dismissal, delicensing, or legal prosecution for withholding or withdrawing abusive or futile resuscitative technologies without prior patient or surrogate consent. Show and slow coding evolved in American clinical cultures in the second half of the 20th century when closed-chest cardiac massage, defibrillators, ventilators, and other resuscitative technologies raised seemingly novel ethical questions. To address these questions, bioethics commissions, healthcare societies, lawmakers, and a Roman Catholic Pope developed ethics standards requiring clinicians to obtain patient or surrogate consent before withholding or withdrawing resuscitative technologies. They thus conferred on patients an implicit right of resuscitation even if it was abusive and/or futile. Conscientious clinicians circumvented this implicit right by show and slow coding to protect patients from abusive resuscitation. Recognizing clinicians' benign intent, hospitals' clinical cultures tolerate show and slow coding as acts of conscience, akin to civil disobedience. Thus, rescinding ethics standards and laws requiring prior patient/surrogate consent for non-resuscitation or for cessation of resuscitative technologies decisions should end show/slow coding. Such a reform should also recognize clinicians' right of conscientious refusal to perform CPR.

Prioritization of ethical concerns regarding HIV molecular epidemiology by public health practitioners and researchers

BackgroundHIV molecular epidemiology (HIV ME) can support the early detection of emerging clusters of new HIV infections by combining HIV sequence data routinely obtained during the clinical treatment of people living with HIV with behavioral, geographic, and sociodemographic information. While information about emerging clusters promises to facilitate HIV prevention and treatment efforts, the use of this data also raises several ethical concerns. We sought to assess how those working on the frontlines of HIV ME, specifically public health practitioners (PHPs) and researchers, prioritized these issues.MethodsEthical issues were identified through literature review, qualitative in-depth interviews, and stakeholder engagement. PHPs and researchers using HIV ME prioritized the issues using best–worst scaling (BWS). A balanced incomplete block design was used to generate 11 choice tasks each consisting of a sub-set of 5 ethical concerns. In each task, respondents were asked to assess the most and least concerning issue. Data were analyzed using conditional logit, with a Swait-Louviere test of poolability. Latent class analysis was then used to explore preference heterogeneity.ResultsIn total, 57 respondents completed the BWS experiment May–June 2023 with the Swait-Louviere test indicating that researchers and PHPs could be pooled (p = 0.512). Latent class analysis identified two classes, those highlighting “Harms” (n = 29) (prioritizing concerns about potential risk of legal prosecution, individual harm, and group stigma) and those highlighting “Utility” (n = 28) (prioritizing concerns about limited evidence, resource allocation, non-disclosure of data use for HIV ME, and the potential to infer the directionality of HIV transmission). There were no differences in the characteristics of members across classes.ConclusionsThe ethical issues of HIV ME vary in importance among stakeholders, reflecting different perspectives on the potential impact and usefulness of the data. Knowing these differences exist can directly inform the focus of future deliberations about the policies and practices of HIV ME in the United States.

Fake news and disinformation in Southeast Asia: how should ASEAN respond?

Southeast Asian nations are vulnerable to fake news and disinformation due to the lack of digital literacy, growing dependence upon online platforms, and the non-democratic nature of ASEAN member states. ASEAN has agreed in the past years to decide, at the normative level, the importance of countering fake news and disinformation. However, it lacks a collective, regional approach. It is suggested that ASEAN define what fake news and disinformation consist of, elevation to a non-traditional security threat, and establishment of an ASEAN-centered fast-checking network as feasible policy options to counter fake news and disinformation in the region. In countering this sensitive issue, special attention is needed to consider ASEAN’s philosophical foundations of non-interference, non-intervention, and respect for sovereignty, which allows state practices of surveillance, legal prosecutions, firewalls, and censorships to be maintained.

Auditor’s response to firm’s environmental violations and engagement in supplemental environmental projects

Purpose In this study, the authors investigate a pressing concern: how auditors react to their clients facing repercussions due to environmental violations. More specifically, this study aims to examine how environmental engagements, which carry potential risks and liabilities, influence auditors’ decision-making and fee structure. Design/methodology/approach This study uses unique, reliable and actual violation data from the United States Environmental Protection Agency (US-EPA) from 2000 to 2015, focusing on clients involved in environmental violations that led to legal prosecution and penalties and those who subsequently engaged in voluntary supplemental environmental projects (SEPs). The authors use the ordinary least squares method to test the authors’ main research question and later use propensity score matching and alternate data source (ASSET4) to check the robustness of the authors’ results. Findings The authors find that firms with environmental violations are more susceptible to auditor resignation. Moreover, the environmental violator firms that maintain their engagement with auditors pay significantly higher audit fees compared to non-environmental violator firms. Furthermore, these environmental violator firms also face extended audit report delays and take longer to appoint a new auditor. Originality/value This study provides an additional consequence of environmental violations, namely, increased chances of auditor resignation and higher audit fees, alongside the penalties imposed by the US-EPA. Moreover, the authors’ findings position environmental violations and participation in SEPs as important factors in auditors’ business risk assessment.

The ‘brown envelope syndrome’: Culture of bribery and ethics at the crossroads

This article unravels the destructive practice of bribery, which is ingrained in South African culture. Through the scenarios in the public transport industry and literature review, the article reveals that indeed bribery is a reality to reckon with. It is observed in all tiers of society such as politics, businesses and religious circles. Bribery explained as a ‘brown envelope syndrome’ is rife in the South African socio-political landscape. The objective of this article is to enlighten the readers that bribery from socio-theological perspectives is ethically unacceptable. It promotes corrupt political accountability, economic inequality, social disrespect and religious hypocrisy. The article starts with personal scenarios and then delves into the definition of bribery as payment in a form of money, favours or gifts, to influence a decision, to receive favours in turn, facilitate fast delivery of goods, gain an unfair advantage, avoid legal prosecution or to supply substandard products or services. The second part of the artilce discusses how bribery clashes with Christian ethics as pointed by Jesus in Mark 7:21–22, as bribery lies buried in human hearts and manifests itself in different sins. There is a clear biblical condemnation of bribery as detestable, and that by all means possible, it should be proscribed. Bribery in political circles is known as ‘brown envelope’, which means the currency exchanges between the corrupt and the corrupted. Solutions suggested is that citizens in their national democracies should break out of the shell and become vocal against bribery. The church should emerge behind the trees and come up with prophetic discernment, wisdom and be vocal against bribery. Personally, those exposed to bribery situations must maintain wisdom and learn how to refuse offers without endangering themselves. This research unravels bribery and its devastating effects of promoting corrupt political accountability, economic inequality, social disrespect and religious hypocrisy.Contribution: This article calls for communities and churches to be vocal against bribery and encourages personal accountability when confronted with bribery offers.

Lessons from the historical dynamics of environmental law enforcement in the Brazilian Amazon

Here, we analyze critical changes in environmental law enforcement in the Brazilian Amazon between 2000 and 2020. Based on a dataset of law enforcement indicators, we discuss how these changes explain recent Amazon deforestation dynamics. Our analysis also covers changes in the legal prosecution process and documents a militarization of enforcement between 2018 and 2022. From 2004 to 2018, 43.6 thousand land-use embargoes and 84.3 thousand fines were issued, targeting 3.3 million ha of land, and totaling USD 9.3 billion in penalties. Nevertheless, enforcement relaxed and became spatially more limited, signaling an increasing lack of commitment by the State to enforcing the law. The number of embargoes and asset confiscations dropped by 59% and 55% in 2019 and 2020, respectively. These changes were accompanied by a marked increase in enforcement expenditure, suggesting a massive efficiency loss. More importantly, the creation of so-called conciliation hearings and the centralization of legal processes in 2019 reduced the number of actual judgments and fines collected by 85% and decreased the ratio between lawsuits resulting in paid fines over filed ones from 17 to 5%. As Brazil gears up to crack-down on illegal deforestation once again, our assessment suggests urgent entry points for policy action.

Unraveling the Intricacies of Implementing Judicial Pardon within UAE Legislation

This study delves into the utilization of judicial pardon within the framework of Article 152 of the UAE Federal Law on Crimes and Penalties, serving as an alternative to short-term prison sentences. The examination of this system reveals a range of organizational and judicial challenges inherent in its implementation, stemming from the existing gaps in the provisions of Article 152. The research investigates the efficacy of judicial pardon for both the individual offender and broader society. The conditions and stipulations outlined in Article 152 are scrutinized for a comprehensive understanding, encompassing elements relevant to both the offender and the committed offense. Furthermore, the study evaluates the judiciary's role in dispensing pardons to culpable individuals, leading to the cessation of legal and judicial prosecution against the offender. This study is especially significant as it marks a pioneering effort within the Emirati legal context, underscoring its valuable contribution to the future enhancement of the judicial pardon system. Utilizing a descriptive and analytical methodology, this study embarks on a jurisprudential and legislative inquiry. It examines legal regulations and judicial rulings to derive suitable resolutions for the identified challenges. The research draws from primary and secondary sources, including case law, statutory provisions, legal literature, and scholarly publications. Ultimately, the study culminates in a collection of outcomes and recommendations that advocate for objective and procedural remedies to enhance the implementation of this system.
 
 Received: 7 September 2023 / Accepted: 25 November 2023 / Published: 5 January 2024

Tales of resilience: voices from detention and imprisonment in Russia.

As the exposure to state violence could have long-term negative consequences on the survivors, we analyzed which optics and measures could be used regardless of the vulnerabilities of the individual, their social status and institutional context. We examine the ways in which law enforcement system challenges individuals and measures used to practice resilience.We use the concept of resilience within torturing environment to achieve our goal. Various actors of Russian law enforcement and penitentiary systems - detainees and pris-oners, their family members, human rights activists, state agents etc. - participated in semi-structured in-depth interviews, which we coded basing on grounded theory.Measures employed by survivors to exer-cise resilience involve regaining bodily control (both by exercise and self-harm), having pro-jections for future (by threats of legal prose-cution or publicity), exploiting bureaucracy to one's advantage, controlling information flow (by bluffing), controlling material evidence, employing allies and preserving the meaning of "normal self ".We believe that our findings can have prac-tical applications, e.g. for preventing some of the negative consequences of torture by train-ing vulnerable individuals to employ resilient strategies. Describing the way to interpret the power imbalances inherent to the torture en-vironment might also be helpful for appre-ciating even the smallest acts, including the choice not to act.

Economic aspects of enterprise liquidation

The article examines the scale of liquidation processes of enterprises in Ukraine. Among the key factors that should be considered while making a managerial decision to liquidate an enterprise are its financial position and performance, prospects of the company’s products, competitive status of the enterprise, as well as the owner’s willingness and ability to develop it, the possibility of legal prosecution, and constructiveness of the company’s creditors. The author provides the legal grounds for termination of a legal entity’s activities both in general and for certain types of business entities. The author presents the conceptual stages of voluntary liquidation of an enterprise with a description of typical actions. The author recognizes the duration of termination, expenses incurred and income received as the key parameters to be investigated in the process of decision-making and efficiency assessment of the enterprise liquidation. The author emphasizes the difficulty of predicting each of these parameters and the need for a thorough study of the legal requirements for certain stages of enterprise liquidation, which, if ignored, can significantly extend the duration of the process, increase the costs and losses for owners, and lead to a decrease in the level of payback of their investments. The main reasons for the delay in business liquidation include inspections of the company’s activities by state authorities, litigation in courts against the actions of the company as well as its counterparties, and difficulties in forming the liquidation mass. The article emphasizes the expediency of expanding the range of potential buyers through domestic e-sales systems and trading platforms. The author emphasizes the need for preliminary preparation of the process of company`s termination by arranging, first of all, labor relations and credit policy.

PENANGGULANGAN TINDAK PIDANA ILLEGAL FISHING DI INDONESIA

Abstract
 Overcoming the criminal act of illegal fishing in Indonesia is: Vessel monitoring System (VMS), monitoring efforts in Indonesian waters, Law enforcement efforts and the factors that become obstacles in overcoming the crime of illegal fishing in Indonesia, obstacles in general are legal substance, legal apparatus, facilities and means. citizen's awareness. And the obstacles in the legal process are legal apparatus, facilities and means, public awareness, obstacles in the legal process, investigation stage, investigation stage and prosecution stage.
 Keywords: Crime, Illegal, Fishing

Organised Crime and the ecosystems of sexual exploitation in the United Kingdom: How supply and demand generate sexual exploitation and protection from prosecution

Thinking about organised crime as an ecosystem is not only novel but also offers much potential to add to the theoretical and policy-based literature in this area. While organised crime is often analysed as relationships between criminal groups and consumers of illicit goods/services, little work has analysed specific forms of organised crime activities as ecosystems where different constituent parts are dependent upon each other for the crime activity to occur. This paper analyses the organisation of sexual exploitation by entrepreneurial organised crime groups selling sex in the United Kingdom. Based upon 30 interviews with 23 law enforcement forces in England and Wales and five interviews with Adult Service Website Operators; it identifies how an ecosystem is built that ensures (a) profit generation and (b) avoidance of legal prosecution. Our analysis not only illustrates how a market ‘supply’ and ‘demand’ ecosystem is generated through mutually convenient ‘organiser’, ‘marketer’ and ‘buyer’ relationships, but also how the roles of these actors ensure sexual exploitation continues.

Tax amnesties and the insurance effect: An experimental study

Many countries grant exemption from legal prosecution under certain conditions, allowing for voluntary disclosures regarding tax evasion. Empirically, tax amnesties appear most successful when accompanied by an increase in enforcement efforts as they help evaders to adjust to the new circumstances. Time-limited amnesties are frequently repeated and, in some countries, even made permanent. Anticipated tax amnesties can, however, serve as an insurance against a rise in the detection probability, potentially leading to less and not more tax compliance. We test the behavioral relevance of this insurance effect in an experimental tax game and find that it indeed decreases overall tax compliance by about 9-10 percent, highlighting its relevance for the design of tax policies. A high predictability of amnesties may work to their detriment.

The United Nations Convention on Genocide and How It Can Be Implemented in Criminal Codes of State Parties

The issue of developing effective mechanisms to prevent and punish the crime of genocide remains relevant in the modern world. Over the years, the UN has been trying to fulfil the mandate to ensure international security through the prevention of crimes against humanity. In this context, the study of the mechanisms of legal qualification and prosecution for these acts is of particular relevance. At present, the 1948 Convention on the Prevention and Punishment of the Crime of Genocide remains the main instrument regulating the responsibility for crimes that can be qualified as genocide. The purpose of this study is to analyze the practice of incorporating the provisions of the 1948 Genocide Convention and the problems of their criminal law regulation and modernization. The results are made up of interconnected target, procedural, and evaluation elements, which are based on the method of legal analysis of the legislative practice of countries with different approaches to the issue of genocide. All the examples given in the work show that the process of introducing effective mechanisms of prosecution for genocide by states, among which national courts can be named first, is ongoing, but it is happening very slowly.

Epidemiologic and Clinical Characteristics of Intentional Injuries among Cases Admitted to Sina Hospital: Affiliated with the National Trauma Registry of Iran.

Intentional injuries, including self-harm, suicide, conflict, and interpersonal violence are a significant public health concern in Iran, but they have not been adequately documented. This study aimed to investigate intentional injuries in cases admitted to Sina Hospital in Tehran, Iran, affiliated with the National Trauma Registry of Iran. Study Design: A retrospective cohort study. A registry-based study on the characteristics of 852 intentional injury cases was conducted from 2016 to 2023. Information on various aspects, including baseline characteristics, injury characteristics, and injury outcomes was compared between groups of self-harm/suicide, conflict/interpersonal violence, and others (abuse and legal prosecution). Of 6,692 registered trauma cases, 852 (12.7%) had intentional injuries. Men accounted for 92 (77.3%) self-harm/suicide and 650 (96.4%) conflict/interpersonal violence cases (P<0.001). Self-harm/ suicide mostly occurred at home in 89 (74.8%) cases, while 73 (10.8%) conflict/interpersonal violence cases happened at home (P<0.001). Falls were the cause of trauma in 12 (10.1%) self-harm/suicide cases compared to 7 (1.0%) conflict/interpersonal violence cases (P<0.001). Furthermore, blunt trauma was the cause of trauma in one (0.8%) case of self-harm/suicide and 66 (9.8%) conflict/interpersonal violence cases (P<0.001). Moreover, 14 (11.8%) self-harm/suicide and 34 (5.0%) conflict/interpersonal violence cases required ventilation (P=0.010). Additionally, 74 (8.7%) intentional injury cases had multiple traumas, which were seen in nine (7.6%) self-harm/suicide and 58 (8.6%) conflict/interpersonal violence cases (P<0.001). Men were the majority of self-harm/suicide and conflict/interpersonal violence cases. Self-harm/suicide incidents mostly occurred at home and resulted in more injuries from falls, while conflict/ interpersonal violence resulted in increased blunt traumas and multiple traumas.

A Minimum Age for California's Juvenile Legal System: Lessons on Collaborative Research to Drive Legislative Change

Abstract: The Problem: Most U.S. states lack a minimum age of juvenile legal jurisdiction, which leaves young children vulnerable to a harsh, punitive system that causes lifelong adverse health and social outcomes. However, partnership between academics, advocates, and policymakers can catalyze legislative change to set minimum ages. Purpose of Article: We, an academic pediatrician and social worker, describe our stakeholder-policymaker-academic partnered research that led to the passage of California Senate Bill 439, which excludes children under age 12 from eligibility for juvenile legal prosecution. To stimulate future efforts, we also describe how the initial partnership led to a national coalition through which we are partnering with stakeholders across the United States to influence minimum age laws nationwide. Key Points: Stakeholder–policymaker–academic partners can contribute synergistically in the research-to-policymaking process. Conclusions: Through a stakeholder–policymaker–academic partnership, we were able to influence the passage of a minimum age law for the juvenile legal system in California. Lessons learned in this collaboration can be applied by researchers across disciplines who wish to influence policy.

The practice of defensive medicine among physicians in the United Arab Emirates: A clinician survey.

Defensive medicine, a term known since the 1960s, may lead to risks in healthcare provision. Reported to be prevalent in North America and Europe, it is thought to be spreading globally. This study aims to evaluate defensive medicine practice among physicians in the United Arab Emirates. A quantitative cross-sectional survey consisting of a twenty-three point questionnaire was conducted after obtaining ethics approval. The response data concerning the practice of defensive medicine were summarized as a percentage of the total. There were 562 respondents. Of these, 307 (54.6%) and 258 (45.9%) were aware of positive and negative defensive medicine practice respectively. Of the respondents, 285 (50.7%) agreed that they feared patients or their attendants and 177 (31.5%) were not willing to accept patients involved in previous legal prosecutions against doctors. Case referral to other colleagues as a form of defensive medicine was reported by 186 (31.1%) respondents. The majority, 339 (60.3%) of the respondents thought that their medical decisions were backed by the hospital's managerial staff. The practice of defensive medicine is common among physicians working in the United Arab Emirates. It is a widespread practicing behavior in respondents who have more than fifteen years of working experience as compared to those with less experience.

Casting Justice Before Swine: Late Mediaeval Pig Trials as Instances of Human Exceptionalism

In recent years, several cases about the legal personhood of nonhuman animals garnered global attention, e.g. the recognition of ‘basic rights’ for the Argentinian great apes Sandra and Cecilia. Legal scholars have embraced the animal turn, blurring the once sovereign boundaries between persons and objects, recognising nonhuman beings as legal subjects. The zoonotic origins of the Covid-19 pandemic stress the urgency of establishing ‘global animal law’ and deconstructing anthropocentrism. To this end, it is vital to also consider the extensive premodern legal history that humans share with other animals. Over 200 so-called animal trials have been documented in premodern Europe. In these proceedings, certain nonhuman animals—particularly domestic pigs—were prosecuted, often resulting in their capital punishment or anathema. This paper takes a history of ideas approach to these historical instances where Western philosophy of law and philosophical anthropology intersect, problematising the notion that such trials constitute wholesome precedents of the kind of legal personhood presently debated in jurisprudence. My counter-hegemonic analysis of the legal prosecution and execution of several pigs in fifteenth-century France demonstrates that late mediaeval notions of criminality transcended the alleged human-nonhuman divide whilst reaffirming and reifying human distinctiveness. I propose that pig trials were local laboratories where Christian communities reflected upon the natural hierarchy of God’s creation. Ensuing the apparent breach of the prescribed boundaries of nature, these communities renegotiated and re-naturalised everyday interspecies sociability by utilising the offending animals to exemplify particular norms about what it means to be human, generally to the animals’ detriment.

“Something has to change”

“Something has to change”

Implementasi dan Pengaturan Hak Anak Dalam Hukum Indonesia

This research aims to understand the implementation and regulation of children's rights in Indonesian law. This research method is descriptive with a normative approach. Children are entrusted by God, the creator of the universe, where all elements are united in life that need and protect each other. The law regulates how to handle when a minor commits a criminal act, whether they must be tried according to the Criminal Code (KUHP) or mediation is carried out in accordance with applicable legal provisions. The results of the research show that minors who have already committed delinquency or criminal acts and have resulted in legal prosecution can receive guidance within their family environment. Or in other words, children are returned to their parents to be educated and trained so that they do not commit criminal acts in the future.

Practical challenges and recommendations on the status of national minorities and indigenous peoples: a comparative analysis of the approaches of the European Union

Modern models of social development emphasize the prevalence of positive examples of solving complex national and political problems aimed at finding peaceful ways to conduct dialogue and resolve existing conflicts or misunderstandings. The purpose of the article is to analyze the practical challenges and develop recommendations in defining the statute of national minorities and indigenous peoples in the European Union. The article is based on theoretical methods of analysis and synthesis, comparison, structural-functional and dialectical methods. The article analyzes the current problems of the existence of indigenous peoples in the EU countries, the legal rules governing the mechanism for the realization of the rights of national minorities. The author identifies the main challenges that arise in the process of legal regulation of ethnonational policy in the EU. Among them, in particular, the author identifies the politicization of the issue of national minorities and the denial of their existence. Similarly, the political factor is relevant for the legalization of indigenous peoples, which leads to the weak development of legal instruments. It is proposed to use international UN documents to formulate national legislation, to demand legal prosecution of any manifestations of discrimination at the public level, and to develop a legal framework for terminological aspects of definitions. The conclusions emphasize the importance for the EU candidate states (including Ukraine) to pay leading attention to the problem of indigenous peoples and national minorities.